There were three changes to the Discovery Act that became effective on January 1st, 2020 which can be found in Code of Civil Procedure sections  2031.280, 2016.090 and 2023.050. This blog will discuss the change to C.C.P. §2031.280 and its significance.

California Code of Civil Procedure § 2031.280 titled Form in which documents to be produced; Form for producing electronically stored information; Translation of data subdivision (a) states as follows:

Old Statute:

(a) Any documents produced in response to a demand for inspection,  copying, testing, or sampling shall either be produced as they are kept in  the usual course of business, or be organized and labeled to correspond with the categories in the demand.

            New Statute:

 (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.

            Difference:

Responding party can no longer produce documents kept in the “usual course of business. “

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